Cal Bar Issue Spotting Version Main Deck Flashcards

Question 1

Q

Multiple Choice Questions Areas

Answer

A

Civ pro
Con law
Contracts
Crim law and pro
Evidence
Real property
Torts

Question 2

Q

Additional essay subjects tested

Answer

A

Business associations
Community property
Professional Responsibility
Remedies
Trusts
Wills and succession

Question 3

Q

Criminal law two basic questions.

Answer

A

Is there a crime?
Is there an affirmative defense?

Question 4

Q

Torts two basic questions.

Answer

A

Is there a tort?
Is there an affirmative defense?

Question 5

Q

Evidence two basic questions.

Answer

A

Is there an objection?
Is there a foundation to be laid?

Question 6

Q

Civil procedure two basic questions.

Answer

A

Is there a defensive motion?
Is there an offensive motion?

Question 7

Q

Con law two basic questions.

Answer

A

Is this government overreach?
Is there a basis for this exercise or government authority?

Question 8

Q

Contracts two basic questions.

Answer

A

Is there a suit for damages?
Is there an affirmative defense?

Question 9

Q

Crim pro two basic questions.

Answer

A

Has there been a rights violation?
Is there an exception?

Question 10

Q

Real property two basic questions.

Answer

A

Is there a reason this person has a right to use or possess this land?
Is there some limitation on their ability to use or possess?

Question 11

Q

Professional responsibility two basic questions.

Answer

A

Has there been an ethics violation?
Is there an affirmative defense?

Question 12

Q

Solicitation elements

Answer

A

Incite, counsel, advise, induce, urge, or command another to commit a crime
With the specific intent that they do so.

Question 13

Q

Someone encourages another to commit a crime think of…

Answer

A

Solicitation

Question 14

Q

Conspiracy elements

Answer

A

Agreement to commit a crime
Intent to agree
Intent to achieve the objective
Overt act in furtherance (modern majority addition to common law)

Question 15

Q

Two or more people talk about committing a crime think of…

Answer

A

Conspiracy…

Question 16

Q

Attempt elements

Answer

A

Specific intent to commit a crime
Overt act beyond mere preparation in furtherance of that intent

Question 17

Q

Someone wants to commit a crime but doesn’t ultimately accomplish it think of…

Question 18

Q

Criminal assault elements

Answer

A

-attempted criminal battery OR
-Intentional creation other than mere words of a reasonable apprehension of imminent bodily harm in the victim’s mind

Question 19

Q

Attempted battery think of…

Question 20

Q

Criminal battery elements

Answer

A

Unlawful
Application of force
To the person of another
Resulting in bodily injury or offensive touching

Question 21

Q

Contact to a person think of…

Question 22

Q

Mayhem elements

Answer

A

Dismemberment, disablement of a bodily part, or permanent disfigurement (majority modern addition to common law)

Question 23

Q

Broken body part think of…

Question 24

Q

Murder elements

Answer

A

1.unlawful
2. Killing of another human being
3. With malice aforethought

Question 25

Q

Someone dies think of…

Answer

A

Murder
Voluntary manslaughter
Involuntary manslaughter
Felony murder

Question 26

Q

Voluntary manslaughter elements

Answer

A

Murder
Adequate provocation

Question 27

Q

Involuntary manslaughter elements

Answer

A

Killing of another
Caused by recklessness or an unlawful act

Question 28

Q

Felony murder elements…

Answer

A

Killing of another
In the course of a felony (modern majority rule, at common law just murder, manslaughter, rape, sodomy, mayhem, robbery, larceny, arson, or burglary)

Question 29

Q

False imprisonment elements

Answer

A

Unlawful
Confinement of a person
Without his valid consent

Question 30

Q

A person’s physical movement restricted think of…

Answer

A

-False imprisonment
-kidnapping

Question 31

Q

Kidnapping elements

Answer

A

Common law
1. Forcible
2. Abduction or stealing away
3. Of a person
4. From his country
5. And sending him to another

Modern Majority
1. Confinement of a person
2. Involving movement or concealment

Question 32

Q

Rape elements

Answer

A

Unlawful
Carnal knowledge
Of a woman
By a man
Not her husband (common law, modern majority rule eliminates this requirement)
Without her effective consent

Question 33

Q

Any sexual touching think of…

Answer

A

-rape
-statutory rape
-adultery
-fornication
-incest
-seduction
-consent criminal defense

Question 34

Q

Statutory rape elements

Answer

A

Carnal knowledge of a person
Under the age of consent

Question 35

Q

Adultery elements

Answer

A

Sexual intercourse
With another
Not his spouse
Open and notorious
Either party is married

Question 36

Q

Fornication elements

Answer

A

Sexual intercourse between or open and notorious cohabitation
By unmarried persons

Question 37

Q

Incest elements

Answer

A

Marriage or sexual act
Between persons who are too closely related

Question 38

Q

Romantic relationship think of…

Answer

A

-incest
-bigamy

Question 39

Q

Seduction elements

Answer

A

Male person
2, induces
An unmarried female
Of previously chaste character
To engage in an act of intercourse
On promise of marriage

Question 40

Q

Bigamy elements

Answer

A

Marrying someone
While having another living spouse

Question 41

Q

Larceny elements

Answer

A

Caption
Aspiration
Of tangible personal property
Of another
By trespass
With the intent to permanently deprive

Question 42

Q

Picking up chattel property think of…

Question 43

Q

Embezzlement elements

Answer

A

Fraudulent
Conversion
Of property
Of another
By a person in lawful possession of that property

Question 44

Q

One person taking or receiving property…

Answer

A

-larceny
-embezzlement
-false pretenses
-robbery
-extortion
-receiving stolen property
-larceny by trick
-trespass to chattels
-conversion

Question 45

Q

False pretenses elements

Answer

A

Obtaining title
To the property of another
By a knowing false statement of past or existing fact
With the intent to defraud another

Question 46

Q

Robbery elements

Answer

A

A taking
Of personal property of another
From the other’s person or presence
By force or intimidation
With the intent to permanently deprive him of it

Question 47

Q

Extortion elements

Answer

A

Common Law
1. The corrupt
2. Collection
3. Of an unlawful fee
4. By an officer under color of his office

Modern Majority
1. Obtaining property
2. From another
3. By threat

Question 48

Q

Receiving stolen property elements

Answer

A

Receiving possession and control
Of stolen personal property
Known to have been obtained in a manner constituting a criminal offense
By another person
With the intent to permanently deprive the owner of his interest in the property

Question 49

Q

Forgery elements

Answer

A

Making or altering
Of a false writing
With intent to defraud

Question 50

Q

Writing and criminal hypo think of think of…

Question 51

Q

Malicious mischief elements

Answer

A

Malicious
Destruction of or damage to
Property of another

Question 52

Q

Contacting property think of…

Answer

A

-Malicious mischief
-burglary

Question 53

Q

Burglary elements

Answer

A

Breaking
And entering
A dwelling
Of another
At nighttime
With the intent to commit a felony therein

Question 54

Q

Arson elements

Answer

A

The malicious
Burning (common law, modern majority rule is any destruction)
Of the dwelling (common law, modern majority rule is any structure)
Of another

Question 55

Q

Fire think of…

Answer

A

-arson
-houseburning

Question 56

Q

Houseburning elements

Answer

A

malicious
Burning
Of one’s own dwelling
Situated either in a city or a town or so near to other houses as to create a danger to them

Question 57

Q

Perjury elements

Answer

A

Willful
Corrupt
Taking of a false oath
In regard to a material matter in a judicial proceeding

Question 58

Q

Criminal law question, Judicial proceeding think of…

Answer

A

-perjury
-subornation of perjury

Question 59

Q

Subornation of perjury elements

Answer

A

Procuring or inducing another
To commit perjury

Question 60

Q

Bribery elements

Answer

A

The corrupt payment or receipt
Of anything of value
In return for an official action

Question 61

Q

Criminal law question quid pro quo think of…

Answer

A

-bribery
-compounding a crime

Question 62

Q

Compounding a crime elements

Answer

A

Entering into an agreement
For valuable consideration
To not prosecute another for a felony or to conceal the commission of a felony or whereabouts of a felon (common law, modern majority rule covers any crime)

Question 63

Q

Misprision of a felony elements

Answer

A

Common Law
1. Failure
2. By someone other than a principal or accessory before the fact
3. To disclose or report knowledge
4. Of the commission of a felony

Modern Majority
Not a crime

Question 64

Q

Someone having knowledge of a felony think of…

Answer

A

Misprision of a felony

Answer 59

A

A disease of the mind
Caused a defect of reason
Such that the defendant lacked the ability at the time of his actions to know the wrongfulness or his actions or understand the nature and quality of his actions

CALFIORNIA VARIATION: if a defendant brings an insanity affirmative defense, the trial is bifurcated. The first phase is guilt. The second phase is insanity.

Answer 60

A

-insanity defense

Answer 61

A

Involuntary
Intoxication

Answer 62

A

Intoxication defense

Answer 63

A

Under 7, under 14 accused of rape, or under 14 and no clear proof of appreciation of the nature and quality of his act

Answer 64

A

Without fault
Amount of force used was no more then individual reasonably believed necessary
To protect herself from The imminent use of unlawful force
Upon herself

Answer 65

A

-Self-defense
-defense of others
-defense of a dwelling
-defense of other property

Answer 66

A

Reasonable appearance of the right to use force

Answer 67

A

Reasonable
belief that such conduct is necessary to prevent or terminate another’s unlawful entry into or attack upon her dwelling

Answer 68

A

Non deadly force
Used to defend
Property
In one’s possession
From unlawful interference

Answer 69

A

Crime prevention defense

Answer 70

A

Used force because one
reasonably
Believed necessary to prevent a felony, riot, or other serious breach of peace (majority rule, CALIFORNIA rule is any crime)

Answer 71

A

Reasonable force and police officer or reasonable grounds to believe the person had in fact committed the crime

Answer 72

A

-arrest defense

Answer 73

A

-arrest defense

Answer 74

A

Defendant repelled an attacker
Trying to arrest them
Defendant did not know that

Answer 75

A

-resisting arrest defense

Answer 76

A

Reasonable belief
That the conduct was necessary to avoid some harm to society
That would exceed the harm caused by the conduct

Answer 77

A

-necessity
-duress

Answer 78

A

Threat of imminent infliction of death or great bodily harm
Reasonable belief his conduct is necessary to prevent the threat
Did not commit intentional homicide

Answer 79

A

Not a defense

Answer 80

A

-mistake of law defense

Answer 81

A

Non consensual conduct is an element
Voluntarily and freely given
By a party legally capable of so giving
No fraud was involved in so obtaining

Answer 82

A

Consent criminal defense

Answer 83

A

The criminal design originated with law enforcement officers
Defendant was not predisposed

Answer 84

A

Entrapment defense

Answer 85

A

Obtaining custody
Of the property of another
By a knowing false statement of past or existing fact
With intent to defraud the other

Answer 86

A

Harmful or offensive contact to the person
Intent
Causation

Answer 87

A

Reasonable apprehension of harmful or offensive contact to the person
Intent
Causation

Answer 88

A

Confinement or restraint to a bounded area
Intent
Causation

Answer 89

A

Extreme and outrageous conduct
Recklessness
Causing
Severe emotional distress

Answer 90

A

Physical invasion of Plaintiff’s real property
Intent
Causation

Answer 91

A

Trespass to land

Answer 92

A

Interference with Plaintiff’s right of possession of chattels
Intent to perform the act
Causation
Actual damages

Answer 93

A

Interference with Plaintiff’s right of possession of chattels
Intent to perform the act
Causation
Damages amounting to the property’s full value

Answer 94

A

Duty
Breach
Causation
Damage

Answer 95

A

-Negligence
-Strict liability
-Public nuisance
-contributory/comparative negligence
-assumption of risk

Answer 96

A

Absolute duty to make safe
Causation
Damage

Answer 97

A

Substantial and unreasonable interference
With another individuals use or enjoyment of private real property he actually possess or to which he has a right to immediate possession

Answer 98

A

-private nuisance
-public nuisance

Answer 99

A

Unreasonable interference with the community’s health, safety, or property rights

Answer 100

A

Respondeat superior, partnership, joint venture

Answer 101

A

Vicarious liability

Answer 102

A

Respondeat superior

Answer 103

A

Loss of spouse or loss of child

Answer 104

A

loss of consortium

Answer 105

A

Defamatory statement
In writing or some other permanent form

Answer 106

A

Defamatory language
of or concerning the plaintiff
Spoken
Publication
Falsity
Fault
Damage to reputation

Answer 107

A

-libel
-slander

Answer 108

A

Misrepresentation
Scienter
Intent to induce Plaintiff’s reliance on the misrepresentation
Causation
Justifiable reliance
Damages

Answer 109

A

-intentional misrepresentation
-negligent misrepresentation

Answer 110

A

Misrepresentation made by defendant in their professional capacity
breach of duty owed to that particular plaintiff
causation
justifiable reliance
damages

Answer 111

A

Unauthorized use by Defendant of Plaintiff’s picture or name for Defendant’s commercial advantage

Answer 112

A

Prying or intruding
in a manner highly offensive to a reasonable person
into private affairs

Answer 113

A

Publicizing facts that place the Plaintiff in a false light
That false light is highly offensive to a reasonable person
Actual malice (only required where the published matter is in the public interest)

Answer 114

A

Public disclosure of private information
Highly offensive to a reasonable person

Answer 115

A

Intrusion upon seclusion

Answer 116

A

-libel
-slander
-misappropriation
-false light
-public disclosure of private facts

Answer 117

A

-misappropriation
-interference with business relations

Answer 118

A

Valid business expectancy
Knowledge
Intentional interference
Damage

Answer 119

A

Institution of criminal proceedings
Termination favorable to plaintiff
Absence of probable cause
Improper purpose
Damages

Answer 120

A

-malicious prosecution
-abuse of process

Answer 121

A

Wrongful use of a judicial process for an ulterior purpose
Some definite act or threat against Plaintiff to accomplish that purpose

Answer 122

A

Tenant exercises legal right to report housing or building code violations or other rights provided by statute
Landlord retaliated in some way related to the housing

Answer 123

A

Retaliatory eviction

Answer 124

A

Landlord or agents
Substantially or materially deprived the tenant of her use and enjoyment of premises
notice and reasonable time to repair
Tenant vacated after a reasonable time

Answer 125

A

Constructive eviction

Answer 126

A

Express showing of actual willingness to submit to defendant’s conduct

Answer 127

A

-express consent
-apparent consent
-consent implied by law

Answer 128

A

Reasonable person would infer permission from plaintiff’s conduct

Answer 129

A

Emergency situation

Answer 130

A

Defendant reasonably believed they were being or were about to be attacked
Used such force as was reasonably necessary
Defendant was not the initial aggressor

Answer 131

A

Reasonable belief that the person being aided would have a right to self-defense
Used no more force than that person would have been allowed to use

Answer 132

A

Request to desist or circumstances made such request futile or dangerous
Reasonable use of force
That did not cause death or serious bodily harm
To prevent a property tort

Answer 133

A

Common law
1. Tortiously dispossessed
2. Of land lawfully possessed
3. Reasonable force
4. Acted promptly

Modern majority
Does not exist

Answer 134

A

Re-entry onto land defense

Answer 135

A

Dispossession of lawfully possessed chattel
Hot pursuit
Reasonable force
Not resulting in death or serious bodily injury

Answer 136

A

recapture of chattels defense

Answer 137

A

Reasonable
Detention of an individual
By a shopkeeper
Who reasonably believed the detainee possessed goods shoplifted from the shopkeeper

Answer 138

A

Shopkeeper’s privilege defense

Answer 139

A

Defendant interfered with another’s real or personal property
Reasonably
Out of necessity to avoid threatened injury
Substantially more serious than the invasion undertaken to avert it

Answer 140

A

Necessity defense

Answer 141

A

Common law: contributory negligence barred recovery
Modern majority: comparative negligence = Plaintiff can recover amount defendant was at fault IF Plaintiff was less than 50% at fault

Answer 142

A

Plaintiff knew the risk
Plaintiff voluntarily assumed it

Answer 143

A

Products liability case
Buyer did not give seller notice of defect within a reasonable time after earlier of knew or should have known

Answer 144

A

-strict liability
-notice of breach defense

Answer 145

A

Common law: family members could not sue one another
Modern majority: eliminated for spouses suing one another, children suing parents, and all actions over property damage

Answer 146

A

Family immunity immunity tort defenses

Answer 147

A

Defendant is a government unit
and has not consented to suit

Answer 148

A

Sovereign immunity

Answer 149

A

Common law: absolute
Modern majority: does not exist

Answer 150

A

Charitable immunity

Answer 151

A

To libel and slander, it is an absolute defense

Answer 152

A

-truth defense
-absolute privilege
-qualified privilege

Answer 153

A

Libel and slander

Answer 154

A

-judicial proceedings?
-legislative proceedings?
-executive proceeding, where statement is reasonable related thereto
-communications between spouses

Answer 155

A

Action for libel or slander
Statement was an accurate report of a statement that was false, made to an official actor in their official capacity, a commentary on a subject of general public interest, made to defend one’s own action, property, or reputation, one the recipient had an interest in and was not made by an intermeddler, or one of common interest between the defendant and the recipient
Speaker was not reckless or worse as to the statement’s falsity

Answer 156

A

FEDERAL: The offered evidence has zero tendency to make any material fact more or less likely.

CALIFORNIA: the offered evidence has zero tendency to make any material, DISPUTED fact more or less likely.

Answer 157

A

-relevance
-403

Answer 158

A

When the offered evidence’s probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Answer 159

A

alluding to insurance objection

Answer 160

A

-Subsequent remedial measures objection
-NOTE: in CALIFORNIA this rule only applies in negligence, not strict liability, cases

Answer 161

A

alluding to settlement offer objection
NOTE: in CALIFORNIA this applies to mediations too

Answer 162

A

alluding to offer to pay medical expenses objection
NOTE: in CALIFORNIA this applies to accompanying statements

Answer 163

A

alluding to plea negotiations objection

Answer 164

A

The proponent did not produce evidence sufficient to support a finding that the item is what the proponent claims it is.

Answer 165

A

-lack of authentication objection
-not best evidence objection
-duplicate substitution exception to best evidence rule

Answer 166

A

A non-original writing, recording, or photograph is being offered to prove its content.

NOTE: in CALIFORNIA this is called a secondary evidence objection

Answer 167

A

lack of personal knowledge objection

Answer 168

A

Witness cannot recall objection (goes to competency)

Answer 169

A

Witness cannot communicate objection (goes to competency)

Answer 170

A

Witness hasn’t been sworn objection (goes to competency)

Answer 171

A

interpreter not sworn objection (goes to competency)

Answer 172

A

Witness lacks religious beliefs objection

Answer 173

A

Infancy objection (goes to competency)

Answer 174

A

insanity objection

Answer 175

A

Felon objection

Answer 176

A

-Witness has an interest objection
-Dead man’s act objection

Answer 177

A

Rule that judges may not testify in proceedings they are overseeing

Answer 178

A

juror as witness objection

Answer 179

A

When the juror is being asked to testify in a proceeding in which they are a juror, or is being asked to testify about jury deliberations EXCEPT to ask about whether extraneous prejudicial information or improper information being brought to bear on deliberations, mistake on a verdict form, or whether any juror made a clear statement that he racial animus or bias was a significant motivating factor in his voting to convict a criminal defendant

Answer 180

A

leading objection

Answer 181

A

Non-adverse witness and not laying foundation

Answer 182

A

misleading question objection (under 611(a))

Answer 183

A

Compound question objection (611(a))

Answer 184

A

-Argumentative question objection
-Harassing question objection
-Unduly embarrassing question objection
(611(a))

Answer 185

A

Conclusory question objection (611(a))

Answer 186

A

Assumes facts not in evidence objection (611(a))

Answer 187

A

Asked and answered objection (611(a))

Answer 188

A

Calls for narrative objection (611(a))

Answer 189

A

Calls for speculation objection (611(a))

Answer 190

A

lacks foundation objection

Answer 191

A

motion to strike nonresponsive answer (611(a))

Answer 192

A

-improper opinion objection
-motion to strike improper opinion
-proper lay opinion testimony exception
-expert testimony

Answer 193

A

-opinion without basis
-opinion beyond scope

Answer 194

A

-Daubert motion
-Beyond the scope objection

Answer 195

A

Beyond the scope objection

Answer 196

A

Either questions probe an expert witness outside of what the judge qualified him to discuss
Or cross questions go into areas not discussed on direct
(except credibility, which is always relevant).

Answer 197

A

FEDERAL AND CALIFORNIA CIVIL:
One side attempts to introduce evidence bolstering a witness’s credibility before it has been attacked
OR
the bolstering is done with a prior consistent statement that occurred AFTER a prior inconsistent statement used to impeach

CALIFORNIA CRIMINAL: never

Answer 198

A

-bolstering before witness has been impeached objection
-statement of prior identifcation exception

Answer 199

A

Confidential (presumed in CALIFORNIA)
Communication
Between attorney and client
As part of a legal consultation
the client is alive or the client is dead but the estate has not been discharged and distributed (CALIFORNIA only)

Answer 200

A

Federal rules: never

California:
1. Communication
2. Between a patient
3. and someone the patient reasonably believes is a physician or their agent
4. For the purpose of seeking medical treatment
5. Objection is made in a civil non-commitment proceeding
6. Physician or their staff had no other legal obligation to disclose the information

Answer 201

A

Confidential (presumed in CALIFORNIA)
Communication
Between a psychotherapist (including social worker, CALIFORNIA any counselor that does anything mental-health-adjacent although not a court-appointed therapist) and client
As part of a psych consultation
the therapist had no other legal obligation to report the information (CALIFORNIA only)
objection not made in a competency proceeding (CALIFORNIA only)

Answer 202

A

-privilege objections
-spousal immunity

Answer 203

A

Federal rules two ways.
A:
1. Spouse (or registered domestic partner in California_
2. Called to testify in criminal case (not an element in California)
3. Where their spouse is a defendant

B:
1. Spouse (or registered domestic partner in California)
2. Compelled to testify
3. Against their spouse

Answer 204

A

Question probes a communication
Made confidentially (presumed in CALIFORNIA)
Between spouses
During marriage

Answer 205

A

His answer to the question may expose him to criminal liability.

Answer 206

A

fifth amendment

Answer 207

A

Confidential (presumed in CALIFORNIA)
Communication
Between a religious minster and a person
As part of a religious consultation
Minister routinely receives such communications (California only)
Minister’s religion requires such communications to be kept secret (California only)

Answer 208

A

Federal rules: never

California: question requires a journalist to reveal a confidential source or unpublished background material

Answer 209

A

Federal rules:
1. Question seeks communication
2. Of non-public information
3. By or to a government official

California:
-Federal or state statute forbids disclosure
OR
-the public interest in keeping the information confidential outweighs the need for disclosure

Answer 210

A

Out of court statement
Offered to prove the truth of the matter asserted

Answer 211

A

-hearsay
-crawford
-hearsay exceptions
-fifth amendment violation
-public safety miranda exception
-impeachment miranda exception

Answer 212

A

-hearsay
-hearsay exceptions

Answer 213

A

Questions seeks presidential documents or conversation’s disclosure.

Answer 214

A

-Attorney-client
-Physician-client
-psychotherapist-client
-spousal
-journalist
-government
-accountant-client
-executive

Answer 215

A

It is not a real, live controversy.

Answer 216

A

It relies on uncertain or contingent future events
A party would not have to risk substantial hardship to provoke review

Answer 217

A

-An issue committed by the Constitution to the executive or legislative branch
OR
-An issue inherently incapable of resolution and enforcement by the judicial branch

Answer 218

A

-mootness
-ripeness

Answer 219

A

The appeal comes from a state court
The state court decided it on state grounds that were fully dispositive of the case
Not based on federal law (even by analogy)

Answer 220

A

adequate and independent state grounds

Answer 221

A

The issue presented is one of federal constitutional law
Premised upon an unsettled state law question

Answer 222

A

Pullman abstention

Answer 223

A

When asked to enjoin state criminal proceedings.

Answer 224

A

Younger abstention

Answer 225

A

-Actions against state governments for damages
-Actions against state government for injunctive or declaratory relief where the state gov is named as a party
-Actions against state government officials that could result in damages that would be paid out of the state treasury
-Actions against state government officials that could result in quieting title to land currently held by the state
-Actions against state government officials for violating state law

Answer 226

A

-Eleventh amendment immunity
-Eleventh amendment immunity bankruptcy proceedings exception
-Express eleventh amendment immunity waiver
-Ex parte young exception
-Congressional removal fourteenth amendment exception

Answer 227

A

-A state’s action discriminates against out of state interest to benefit local economic interests
-A state’s action unduly burdens interstate commerce

Answer 228

A

Dormant commerce clause

Answer 229

A

A federal law explicitly defined state law types and said they’re preempted
The state law falls within that definition’s ambit

Answer 230

A

It and a federal law cannot logically be rectified

Answer 231

A

-preemption
-supremacy of laws order

Answer 232

A

It prevents achievement of a federal law’s objective.

Answer 233

A

Congress enacted a federal law
It intended to preempt all state laws in that field

Answer 234

A

-express
-implied through actual conflict
-implied through objective achievement prevention
-field

Answer 235

A

Multiple states enter into an agreement
That increases their political power
At federal supremacy’s expense
Without congress’s consent

Answer 236

A

Interstate compacts clause

Answer 237

A

Congress passed a statute
Commandeering state officials
To regulate their own citizens

Answer 238

A

anti-commandeering doctrine

Answer 239

A

When it is no longer an incentive but is equivalent to compulsion or undue influence.

Answer 240

A

unduly coercive prohibition doctrine

Answer 241

A

state action
regulates or discriminates against the federal government

Answer 242

A

intergovernmental immunity doctrine

Answer 243

A

State action
Discriminates against
Nonresidents
Concerning fundamental rights

Answer 244

A

State action
denies their citizens
a federal right

Answer 245

A

-privileges and immunities clause
-privileges or immunities clause

Answer 246

A

A right explicitly mentioned in the constitution
OR
1. Deeply rooted in the nation’s history and tradition
2. Essential to ordered liberty’s concept

Answer 247

A

It discriminates against out of state businesses.

Answer 248

A

-equal protection
-dormant commerce clause
-import export clause

Answer 249

A

State
Enacts legislation
That retroactively
Impairs contract rights

Answer 250

A

Contract clause

Answer 251

A

Legislative act
Inflicts punishment
Without a judicial trial.

Answer 252

A

-bill of attainder
-ex post facto

Answer 253

A

Legislation
Retroactively alters
the criminal law
In a substantially prejudical manner
So as to deprive a person of any right previously enjoyed
for the purpose of punishing that person for a past activity

Answer 254

A

Government taking
Of private property
Either not for public use or without just compensation

Answer 255

A

-eminent domain
-takings clause

Answer 256

A

Necessary
To achieve a compelling government prupose

Answer 257

A

Strict scrutiny

Answer 258

A

Strict scrutiny

Answer 259

A

-race
-national origin

Answer 260

A

Substantially related
To an important government interest

Answer 261

A

Appropriate level of scrutiny

Answer 262

A

intermediate scrutiny

Answer 263

A

EITHER not serving a legitimate interest
OR not rationally related to its interest

Answer 264

A

As-applied, it did not give fair notice that the sanction conduct was illegal.

Answer 265

A

fair notice

Answer 266

A

The second amendment’s plain text covers it
The government cannot show that it is consistent with the country’s historical tradition of firearm regulations

Answer 267

A

Second amendment

Answer 268

A

Considering historical practices and the founding fathers’ understanding, the law is sponsoring a religion

Answer 269

A

establishment clause

Answer 270

A

Government action
Negatively impacts someone
The government took that action because of
That person’s religious beliefs

Answer 271

A

free exercise clause

Answer 272

A

-establishment clause
-free exercise clause

Answer 273

A

Government regulation of
Private citizen’s speech

Answer 274

A

-First amendment
-Whether the speech is unprotected

Answer 275

A

Someone is banned from attending a criminal trial
Without the trial judge articulating why some other interest outweighs the right of access interest

Answer 276

A

Government action
Denied someone of life, liberty, or property
Some procedural mechanism was lacking
balancing that procedural mechanism’s importance against the value of the life, liberty, or property lost, and the government’s interest in efficiency, that mechanism should have been included.

Answer 277

A

Procedural due process

Answer 278

A

Writing
written in response to a communication
sent to the claimed author
letter’s content makes it unlikely that it was written by anyone other than the claimed author

Answer 279

A

The statements are relevant
They come from a document
That has been authenticated
That is relevant
That was prepared before 1 January 1998 (California rule is document is more than 30 years old)

Answer 280

A

Federal:
1. The records were generated by an electronic process or copied from an electronic device
2. the records are certified by a custodian or other qualified person
3. The offering party gives the adverse party reasonable written notice and provides fair opportunity for inspection so the adverse party can challenge the records if they want to

California: cannot be done

Answer 281

A

-authentication
-best evidence rule
-rule of completeness
-ancient documents exception
-official publications doctrine
-business records doctrine
-handwriting authentication
-business records hearsay exception
-hearsay

Answer 282

A

Either:
1. A witness who has heard the purported speaker’s voice before
2. Offers their opinion that the voice is that of the purported speaker

Or:
1. The statement was made during a telephone conversation
2. A party to that conversation says that the purported speaker indeed was the statement maker

Answer 283

A

authentication

Answer 284

A

Part of it is handwritten
A lay witness with personal knowledge of the purported writer’s handwriting says that the writing on the document is the purported writer’s handwriting OR a qualified handwriting expert compares a known copy of the purported writer’s handwriting to the document and opines that the purported writer is the writer

Answer 285

A

Must show that the machine was in working order
Must show that the operator was qualified to operate it
Must establish chain of custody of the x-ray pictrue

Answer 286

A

authentication and x-ray specific authentication doctrine

Answer 287

A

On cross
The act was a past immoral, vicious, or criminal act (California MUST be an act of moral turpitude)
That may affect his character
And show him to be unworthy of belief
Counsel acts in good faith upon reasonable belief that the prior bad act actually happened
Counsel doesn’t introduce extrinsic evidence of the prior bad act, they only ask the witness themselves about it (California not a rule)
Counsel doesn’t reference any consequences of that bad act

NOTE: in California this is only available in criminal cases, not allowed in civil cases.

NOTE 2: if on direct a witness states “I’ve never X,” then a lawyer may impeach and the above doesn’t apply

Answer 288

A

-Prior bad acts rule
-Prior convictions rule

Answer 289

A

NOTE, this is a special area where 401 and 403 effectively don’t apply

FRE (COMPLICATED)
PRIMA FACIE:
-crime involved dishonesty or false statement: always
-other crime AND witness being impeached IS the defendant in a criminal case: not unless prosecution can show that its probative value outweighs its prejudicial effect
-all else: apply 403

EXCEPTIONS, inadmissible if:
-more than 10 years since conviction date or release date, whichever is later
-conviction was pardoned or equivalent
-juvenile conviction offered to impeach the accused
-constitutionally defective conviction

CALIFORNIA (SIMPLE)
-felonies involving moral turpitude: always
-misdemeanors involving moral turpitude: criminal cases only
-all else: no

Answer 290

A

Character evidence objection

Answer 291

A

The insurance evidence is offered to show that a person acted negligently (or worse)

Answer 292

A

The privilege holder.

Answer 293

A

The conversation occurred as part of a client seeking advice
To aid in the planning or execution of something the client knew or should have known was a crime or fraud
California only: not about the medicinal or adult use of cannabis

Answer 294

A

crime-fraud exception

Answer 295

A

It is an exact copy of the original (or in CALIFORNIA other written evidence of the original’s content)
There is no genuine question about its authenticity
Under the circumstances, it would not be unfair to admit the duplicate in the original’s place

Answer 296

A

Rationally based on the witness’s perception
Helpful to a clear understanding of her testimony or understanding a fact in issue
Not based on what should be expert knowledge

Answer 297

A

It would help the trier of fact
based on sufficient facts
Product of reliable principles and methods
Reasonably applied

Answer 298

A

Federal:
1. Tested
2. Published in a peer-reviewed journal
3. Known potential error rate
4. Standards exist that control its operation
5. generally accepted in the relevant field (this is the only factor in California)

Answer 299

A

I’m unavailable with former testimony
Party admissions made against me
I made a statemen to my physician
and a business records on
and a business records on
and a business records on

Present sense impression
a declaration
made when you’re about to die
statements against interest
excited utterance
statement of conditions
that existed then
forfeiture by wrongdoing
yeeeeaaaaaaah, it’s an exception to hearsay

Answer 300

A

Declarant is unavailable
The statement was former testimony
offered then against the same party or a predecessor in interest (in CALIFORNIA this needs only be someone who had some interest)

ALSO, ONLY IN CALIFORNIA, YOU GET AN ADDITIONAL WAY:
1. civil case
2. the statement was former testimony
3. in a deposition
4. the declarant lives more than 150 miles from the trial

Answer 301

A

It is what it sounds like. Note that under the federal rules this is technically considered “not hearsay,” rather than an exception.

Answer 302

A

FEDERAL:
1. Made for medical diagnosis and treatment
2. Reasonably pertinent to medical diagnosis and treatment
3. Described a person’s medical history, past or present symptoms, or their inception or general cause

CALIFORNIA:
1. Declarant is a minor at the time of the proceedings
2. Declarant was under 12 when they made the statement
3. Statement was made for the purpose of medical diagnosis or treatment
4. Statement described an act or attempted act of child abuse or neglect

Answer 303

A

Statement described or explained an event or condition (in CALIFORNIA the statement must explain the declarant’s own conduct)
It was made while or immediately after the declarant perceived that event or condition
it was not made under suspicious circumstances (CALIFORNIA only)

Answer 304

A

criminal homicide trial or civil case. (not an element in CALIFORNIA)
Made by a now-unavailable declarant (CALIFORNIA must be now dead)
While believing his death was imminent
Concerned the cause or circumstances of what he believed to be his impending death. (CALIFORNIA must concern cause of death specifically)

Answer 305

A

Declarant is unavailable
Statement was so against the declarant’s pecuniary or proprietary interest OR had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to legal liability, that the declarant would not have made it if they did not believe it to be true (California this also includes contrary to social interest)
At the time it was made the declarant had personal knowledge of the facts
and was so aware that the statement was against their interest that they had no motive to lie
corroborating circumstances indicating the statement’s trustworthiness (FEDERAL CRIMINAL only)

Answer 306

A

Statement made during or soon after a startling event
under the stress of excitement of that event
The statement related to that startling occurrence

Note: in california this is called the spontaneous statement exception

Answer 307

A

What it sounds like.
California rule gives judge discretion to exclude statements made under suspicious circumstances.

Answer 308

A

Declarant is unavailable
Testimony is offered against a party that caused that unavailability
Wrongfully
trustworthy (CALIFORNIA only)

Answer 309

A

-dead
-to sick to testify
-beyond subpoena power
-privileged out of testifying
-refuses
-can’t recall (in CALIFORNIA this requires total memory loss)
-CALIFORNIA: scared to testify

Answer 310

A

Requested (California this is not an element if the facts are universally known)
generally known within the trial court’s territorial jurisdiction OR can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned

Answer 311

A

The importance of the information to be obtained is great and the ease with which it could be obtained through normal courtroom methods is small

Answer 312

A

-a criminal defendant

-the prosecution (1) once that defendant opens the door (2) about the victim’s good character for the same trait if the defendant attacked that victim’s character OR the defendant’s bad character for the same trait (no matter if D went after victim’s character or his own) (CALIFORNIA this only can be done to when the defendant introduced evidence that they themselves are not violent)

-the prosecution in a homicide case where defendant argues self-defense because the victim was the first aggressor, here the prosecution can only offer evidence of the victim’s trait for peacefulness (Not in california)

-Impeaching a character witness

-sexual misconduct case specific acts of past sexual misconduct (CALIFORNIA criminal only BUT also includes domestic violence and elder abuse)

Answer 313

A

FEDERAL:
-opinion or general community reputation evidence

-specific acts of misconduct on cross of a character witness (eg did you know that …)

-specific acts of sexual misconduct against a defendant accused of sexual misconduct when offering party discloses to D at least 15 days before trial or later with good cause (in california this rule only exists in criminal cases, but also applies to acts of domestic violence and elder abuse)

CALIFORNIA: opinion evidence, reputation evidence, and specific acts evidence.

Answer 314

A

Criminal case:
1. some sort of sexual misconduct charge
2. Evidence is offered to prove victim’s sexual behavior or disposition (California also covers manner of dress)
3. Not to prove source of semen, injury, or other physical evidence, OR consent (for this last one, only evidence of past sexual behavior WITH defendant can be used)
4. NOT the prosecution OR a defendant after prosecution has opened door (CALIFORNIA only)

Civil case:
1. some sort of sexual misconduct charge
2. Evidence is offered to prove victim’s sexual behavior or disposition
3. probative value does NOT substantially outweigh harm to alleged victim + unfair prejudice to prosecution
No civil ban in california

Answer 315

A

rape shield

Answer 316

A

Injury
Causation
Redressability

Answer 317

A

Injury to the members
Related to the organization’s purpose
Claim and relief don’t require individual participation

Answer 318

A

Plaintiff challenges a law enacted under congress’s tax and spend power
For exceeding that power

Answer 319

A

Plaintiff brings a claim that the government restricted substantially more speech than necessary
It was not a restriction on commercial speech

Answer 320

A

-general standing
-organizational standing
-tax and spend standing
-free speech overbreadth standing

Answer 321

A

The suit is brought pursuant

Answer 322

A

A state officer is being sued for an injunction against future actions.

Answer 323

A

Congress passed a law pursuant to its fourteenth amendment powers to prevent discrimination
Congress made its intent to remove 11th amendment immunity clear

Answer 324

A

YES just pick the best of:
-commerce
-tax and spend
-fourteenth amendment
-necessary and proper
-war powers
-police power
-power over citizenship
-admiralty power
-coin money power
fix weights and measures power
-IP power
-impeachment power

Two main reasons a bar question may have a no answer
-congress attempts to use the police power outside of where they can
-congress exceeds their authority to delegate

Answer 325

A

It has been expressly or impliedly authorized by the congressional house concerned. NOTE: this power is very broad.

Answer 326

A

investigatory power

Answer 327

A

For the purpose of effectuating an enumerated power (only an element for congress)
For public use (note: construed broadly, Kelo)

Answer 328

A

Federal gov within federal territories, military bases, indian reservations, and DC
The states everywhere else

Answer 329

A

They act within one of their enumerated powers
That power is not uniquely confined to congress
The delegation includes intelligible standards for the delegate to follow

Answer 330

A

Executive agreement
Two-thirds of the senate ratifies it

Answer 331

A

Constitution
Federal law or treaty, whichever is latest in time
executive agreement
State law

Answer 332

A

-ambassadors
-public ministers
-scotus justices
-other officers of the united states
-other positions congress gives him the power to appoint to

Answer 333

A

appointment power

Answer 334

A

-cabinet members
-sole head of an independent agency that has significant executive authority
-all other executive appointees subject to any congressional limitations

Answer 335

A

removal power

Answer 336

A

Anyone from past or future federal criminal convictions.

Answer 337

A

pardon power

Answer 338

A

Fact that pardon power only covers federal criminal charges

Answer 339

A

Fact that pardon power doesn’t cover these things

Answer 340

A

-Congress can override with a two-thirds vote
-The president has ten days to do so
-The president cannot line item veto

Answer 341

A

Almost always yes, even without a formal declaration of war.

Answer 342

A

imports: with congressional consent
exports: never

Answer 343

A

clear and present danger
fighting words
obscenity
defamation
false or deceptive advertising
gov demonstrates a compelling interest in regulating the speech

Answer 344

A

-Federal: limited
-State: general

Answer 345

A

-subject-matter
-personal
-venue
NOTE: analyze venue before personal jurisdiction, because if you don’t have venue, you don’t have personal jurisdiction

Answer 346

A

-The state in which the court sits’s personal jurisdiction statute doesn’t allow it,
-The defendant does not have contacts with the state that makes the exercise of jurisdiction fair and reasonable, OR
-The defendant was not given appropriate notice and an opportunity to be heard

Answer 347

A

-service was executed by a minor
-service was executed by a party to the action
-service was neither personal nor to an authorized agent nor to an active residence of the served party’s
-service was of a minor or incompetent person and not in accordance with the rules of the state in which service was made
-service was not made within 90 days of the complaint’s filing and the court did not extend that period for good cause

Answer 348

A

-Motion to dismiss for improper service of process
-service of process exceptions

Answer 349

A

-service was proper under the rules of the state in which the federal court hearing the action sits
-service was proper under the rules of the state in which service was effected
-waiver

Answer 350

A

-the complaint was not answered within 21 days
-waiver and the complaint was not answered within 60 days

Answer 351

A

Motion for default based on failure to answer

Answer 352

A

Taking the facts (not conclusory statements) pled as true, that the claimed legal violation occurred is not plausible

Answer 353

A

There is no genuine issue of material fact
the movant is entitled to judgment as a matter of law.

Answer 354

A

motion to dismiss for failure to state a claim

Answer 355

A

The case has not yet been submitted to the jury
the nonmovant has been fully heard on the matter at trial
a reasonable jury would not have a legally sufficient basis to find for the nonmovant on that issue

Answer 356

A

Trial is over
It has been less than 28 days after the entry of judgment
the movant moved for judgment as a matter of law during trial
now, judgment as a matter of law should be granted.

Answer 357

A

-motion for summary judgment
-motion for judgment as a matter of law
-renewed motion for judgment as a matter of law

Answer 358

A

Plaintiff did not join a party
Relief could not be accorded without that party OR that party has such an interest in the subject matter that his absence will impair or impede his ability to protect that interest or will leave any other party subject to a substantial risk of incurring multiple or inconsistent obligations
The court would have personal and subject matter jurisdiction over the joined party
That party is indispensable considering prejudice, adequacy of judgment without the party, and adequacy of remedies plaintiff may be able to have in another forum if the case is dismissed

Answer 359

A

Were all possible defendants sued, if not, analyze potential motion to dismiss for failure to join an indispensable party.

Answer 360

A

Either:
1. Final judgment
2. On the merits
3. Same cause of action
OR
plaintiff previously sued defendant, and the claim arises out of the same transaction or occurrence they previously sued aobut
OR
plaintiff was previously sued by defendant, and the claim arose out of the same transaction or occurrence defendant previously sued about.

Answer 361

A

Actually litigated
Essential to the prior judgment

Answer 362

A

-claim preclusion
-issue preclusion

Answer 363

A

EITHER
1.multiple plaintiffs or multiple defendants
2. No claim arises out of a transaction or occurrence in which all parties were involved
OR
It’s a crossclaim that does not arise out of the same transaction or occurrence as the main action

Answer 364

A

Motion to sever claims

Answer 365

A

Numerosity
Common question of law or fact
Named parties interest are typical of the class
Named representatives will ensure the fair and adequate representation of the interests of absent members of the class
separate actions would create a risk of inconsistent results, impar the interest of other absent members, injunctive or declaratory relief is appropriate for the class as a whole, OR the common questions of fact or law predominate over individual issues

Answer 366

A

Class cert

Answer 367

A

-Some plaintiff does not have a claim against each defendant
-You cannot find a common fact or occurrence that gives rise to at least one claim that each plaintiff has brought against each defendant, OR
-No common question of fact or law common to all parties

Answer 368

A

-motion to sever parties
-motion to implead

Answer 369

A

Impleading party is a defendant
Impleaded party may be liable for all or part of the judgment should the plaintiff recover against them

Answer 370

A

The movant has in good faith conferred or attempted to confer
The movant certifies this
The discovery sought is relevant
The discovery sought is nonprivileged
The discovery sought is proportional to the needs of the case

Answer 371

A

Complete diversity between opposing parties
Amount in controversy exceeds $75,000

Answer 372

A

-Diversity
-Federal question
-Removal
-Supplemental

Answer 373

A

The claim arises under federal law

Answer 374

A

Plaintiff files in state court
Defendant moves to remove to the federal court that embraces the state court where the Plaintiff filed the action
Federal court would have had subject-matter jurisdiction at the outset
Defendant acts within 30 days of when they should have known that the claim was removeable
Defendant acts within one year of the action’s commencement

Answer 375

A

The claim arises from a transaction or occurrence
That gives rise to another claim plaintiff has brought
Over which the federal court has some other type of jurisdiction

EXCEPTION: this doesn’t extend to third-party impleader claims where element (3) can only be met by diversity.

Answer 376

A

Way 1:
claim is brought in a judicial district in which any defendant resides

Way 2:
1. All defendants are residents of the same state
2. The judicial district is in that state

Way 3:
A substantial part of the events, omissions, or property giving rise to the action was/is in that district

Way 4:
1. None of the above work
2. That court has personal jurisdiction over any defendant

Answer 377

A

The defendant is at home in that state.

Answer 378

A

The cause of action arises from the defendant’s in-state activity AND fairness.

Answer 379

A

Government intrusion
Into an area where a person has a reasonable and justifiable expectation of privacy.

Answer 380

A

Exercise of control
By the government
Over a person or thing

Answer 381

A

-search
-warrant
-permissible investigatory stop and frisk
-permissible automobile search
-permissible plain view search
-consent to warrantless search
-hot pursuit
-exigent circumstances
-evanescent evidence
-emergency aid
-contaminated food
-highly regulated industries exception
-inventory search
-airline passengers exception
-public school exception
-parolee exception
-gov employee’s file cabinet and desk exception
-drug testing exception
-border search exception

Answer 382

A

-seizure
-warrant
-permissible investigatory stop
-permissible automobile stop
-permissible plain view seizure

Answer 383

A

The evidence was obtained or derived from exploitation of illegally obtained evidence
The only illegality was a non-purposeful miranda violation

Answer 384

A

fruit of the poisonous tree

Answer 385

A

Significant pretrial constraints on the defendant’s liberty existed
No probable cause determination was made within a reasonable time (presumptively 48 hours)
Evidence was obtained as a result

Answer 386

A

Motion to suppress as a result of a gerstein violation

Answer 387

A

Bail was set higher than necessary than to assure defendant’s appearance at trial

Answer 388

A

Excessive bail prohibition

Answer 389

A

The balance of the following factors tips in the defendant’s favor:
1. length of the delay
2. reason for the delay
3. assertion of right
4. Prejudice to him

Answer 390

A

motion to dismiss for a speedy trial violation

Answer 391

A

-Defendant lacks a rational as well as factual understanding of the charges and proceedings OR
-lacks sufficient present ability to consult with her lawyer

Answer 392

A

motion to continue because the defendant is incompetent to stand trial

Answer 393

A

D is charged with at least one offense for which he can be sentenced to more than six months incarceration.

Answer 394

A

Request for a criminal jury trial

Answer 395

A

Motion for acquittal not withstanding verdict based on inconsistent verdicts

Answer 396

A

Criminal proceeding
Formal charges have been filed

Answer 397

A

Request for counsel

Answer 398

A

deficient performance
but-for prejudice

Answer 399

A

ineffective assistance of counsel

Answer 400

A

Criminal proceeding
Hearsay under the common law definition
Statement was testimonial
Declarant is available OR defendant had no prior opportunity to cross-examine

Answer 401

A

The prosecution must prove all elements of the offense charged beyond a reasonable doubt

Answer 402

A

-the judge’s instruction shifted the burden of proof on an element of a crime charged to the defendant
-the judge’s instruction stated that an element needed to be proved to a level below a reasonable doubt
-the judge did not overrule an objection to a prosecutor’s argument that effectively accomplished one of the above

Answer 403

A

-it is grossly disproportionate to the seriousness of the offense
-it is a death penalty or mandatory lwop sentence against one who was a minor at the time of commission
-the crime punishes someone for having a status
-it was a death penalty for non-murder
-it was a death penalty for felony murder
-it was a mandatory death penalty
-it was a death penalty imposed without full information on the defendant
-it was a death penalty but the statutory guidance did not give enough guidance
-it was a death penalty imposed against one who is insane or retarded or cannot recall the crime
-the punishment amounted to torture

Answer 404

A

Prior criminal jury was empaneled and sworn OR the first witness was sworn
The latter charge does not require proof of an additional element to that former charge

Answer 405

A

motion to dismiss on double jeopardy grounds

Answer 406

A

FOUR WAYS

WAY ONE:
It was involuntary

WAY TWO:
1. Defendant was in custody or accused of a crime
2. Government agent questioning elicited the statement
2. Was not given a proper miranda prior to the questioning

WAY THREE:
1. Defendant was in custody or accused of a crime
2. Defendant unambiguously and specifically request a lawyer
3. Statement came after that request and without counsel present
4. Either 14 days hadn’t passed OR a fresh set of proper miranda warnings wasn’t given

WAY FOUR:
1. Defendant was in custody or accused of a crime
2. Defendant invokes his right to remain silent
3. Statement came after that
4. Police either didn’t give a new set of proper miranda warnings or did not “scrupulously honor” that invocation.

Answer 407

A

That he has the right to remain silent
That anything he says can be used against him in court
That he has the right to an attorney
That if he cannot afford an attorney, one will be appointed for him if he so desired

Answer 408

A

They are not free to leave
They were at the station house OR the same inherently coercive pressure as the station house was present

Answer 409

A

-it wasn’t issued by a neutral and detached magistrate
-it was not based upon probable cause OR
-it didn’t particularly describe the place to be searched or the items to be seized

Answer 410

A

neutral and detached magistrate
Probable cause
Particularity

Answer 411

A

warrant requirements

Answer 412

A

Reasonable suspicion of criminal activity
based upon articulable facts
reasonable suspicion to believe detainee is armed and dangerous (this is only necessary for the frisk)

Answer 413

A

Non-roadblock: reasonable suspicion

Roadblock or checkpoints:
1. cars are being stopped based on a neutral articulable standard
2. closely related to a particular problem pertaining to automobiles and their mobility

Answer 414

A

Probable cause to believe that it contains contraband or fruits, instrumentalities, or evidence of a crime.

Answer 415

A

legitimately on the premises
in plain view
probable cause to believe the items are evidence, fruits, instrumentalities, or contraband of a crime

Answer 416

A

A person with apparent equal right to use or occupy the property
Gave voluntary permission to enter those premises
The government agent did not exceed the scope of that consent

Answer 417

A

Hot pursuit
Of a fleeing felon

Answer 418

A

reasonable belief that evidence is being destroyed
officers did not create the exigency through an actual or threatened fourth amendment violation

Answer 419

A

The evidence was likely to disappear before a warrant to be obtained

Answer 420

A

threat to health and safety
if not acted upon immediately

Answer 421

A

The entry was made to seize contaminated food

Answer 422

A

Place searched was a business
In a highly regulated industry

Answer 423

A

arrestee’s personal belongings were searched
in order to inventory them
before incarcerating the arrestee

Answer 424

A

airline passenger searched
prior to boarding

Answer 425

A

public school official
searching the person or property of a student
moderate chance of finding evidence
measures chosen reasonably related to the objectives of the search
not excessively intrusive

Answer 426

A

parolee agreed to such a search as a condition of their parole.

Answer 427

A

search was of a gov employee’s desk or file cabinets
reasonable in scope
justified at its inception by a non-investigatory, work-related need OR reasonable suspicion of work-related misconduct

Answer 428

A

drug test
justified by special needs

Answer 429

A

A miranda warning is not required where prompted by reasonable concern for public safety

Answer 430

A

A statement obtained in violation of miranda can be used for impeachment purposes against a criminal defendant who chooses to take the stand

Answer 431

A

Sufficient attenuation between illegality and the evidence considering:
1. temporal proximity
2. intervening circumstances
3. misconduct’s purpose and flagrancy

Answer 432

A

When the government cannot show beyond a reasonable doubt that the error was harmless.

Answer 433

A

The error had a substantial and injurious effect or influence.

Answer 434

A

-harmless error
-habeas corpus

Answer 435

A

the lineup or showing was post-charge
defense counsel was not present
defendant had not waived this right

Answer 436

A

unnecessarily suggestive
substantial likelihood of misidentification

Answer 437

A

-motion to suppress on sixth amendment grounds
-motion to suppress on due process grounds

Answer 438

A

offer
acceptance
consideration

Answer 439

A

one confers a benefit on another
without gratuitous consent

Answer 440

A

-contract
-quasi-contract
-covenant of good faith and fair dealing
-promissory estoppel
-anticipatory repudiation

Answer 441

A

Merchant
Offers to buy or sell the goods they deal in
In signed writing
The writing gives assurances that it will be held open for X time or just held open
acceptance occurred before X or before three months if no time was stated

Answer 442

A

firm offer rule

Answer 443

A

-regularly deals in certain goods
-by occupation holds himself out as having skills or knowledge peculiar to certain goods

Answer 444

A

Promise
Promisor should reasonably expect to induce action or forbearance
Such action or forbearance is in fact induced

Answer 445

A

Way one:
1. Land contract
2. at least two of (i) payment in whole or in part, (ii) possession, (iii) valuable improvements

Way two:
1. Sale of goods contract
2. specially manufactured OR payment and acceptance

Way three:
Full performance by one party

Way four:
D falsely and intentionally told P that the contract was not within the statute of frauds

Way five:
D admits in pleadings or testimony that there was a contract

Answer 446

A

Ways contract can potentially be removed from the statute of frauds.

Answer 447

A

at least some breach
anticipatory repudiation

Answer 448

A

The contract was NOT for a sale of goods over $500
The obligee received substantial benefit of the bargain despite the obligor’s defective performance
The defective performance was not willful

Answer 449

A

Minor breach (aka substantial performance) rule

Answer 450

A

anticipatory repudiation

Answer 451

A

the party having the duty of performance subject to the condition prevents that condition from occurring
by way of wrongful action

Answer 452

A

-failure to cooperate
-divisible contract
-waiver
-impossibility
-impracticability
-frustration

Answer 453

A

Reasonable grounds to believe that

Answer 454

A

performance of each party is divided into two or more parts
number of parts due from each party is the same
each performance is the quid pro quo of the other
the contract is NOT expressly indivisible

Answer 455

A

A reasonable expectation through:
1. a promise, undertaking, or commitment
2. certainty and definiteness in essential terms
3. communication of the above to the offeree
NOTE: a non-mirror-image acceptance is a counter-offer, except for sale of goods, then apply the battle of the forms

Answer 456

A

Offer revocation through one of three things:
-Direct communication
-Publication through means comparable to how the offer was conveyed
-offeree (1) indirectly received (2) correct information (3) from a reliable source (4) of acts of the offeror that would indicate to a reasonable person that the offeror no longer wishes to make the offer
received by offeree, or published if by publication
prior to acceptance’s effectiveness

Answer 457

A

-offer
-acceptance
-consideration
-divisibility

Answer 458

A

test for whether revocation occurred before acceptance

Answer 459

A

IF the offer specified how acceptance needed to occur, then the lawyer must show acceptance according to those requirements
ELSE, the lawyer must show
1. the offeree knew of the offer
2. the offeree manifested assent to the terms of the offer
3. without attempting to change the terms of that offer (except for sale of goods, then apply the battle of the forms)

Answer 460

A

Did the offer say when? Then that’s the answer
If not,
Was it an auction contract? Then when the hammer fell
If not,
Was it an option contract? Then upon receipt
If not, then upon dispatch

Answer 461

A

bargained-for exchange
legal value

Answer 462

A

shared mistake
about existing facts
concerning a basic assumption upon which the contract was made
material effect
the party asserting the defense did not assume the risk

Answer 463

A

-mutual mistake affirmative defense
-unilateral mistake affirmative defense

Answer 464

A

mistake
other party knew or had reason to know
material effect

Answer 465

A

ambiguous contract language
neither party was aware of the ambiguity OR both parties were aware of it but had opposite interpretations

Answer 466

A

misunderstanding affirmative defense

Answer 467

A

fraudulent misrepresentation
justifiable reliance
injured party rescinded
before ever affirming

Answer 468

A

tricked into giving assent
under circumstances that prevented her from appreciating the significance of the action

Answer 469

A

misrepresentation
that would induce a reasonable person to agree OR that the misrepresenter knows for some special reason is likely to induce the particular person to agree
justifiable reliance

Answer 470

A

-unilateral mistake
-fraud in the inducement
-fraud in the factum
-material misrepresentation
-infancy
-mental incapacity
-guardianship
-intoxication
-physical force duress
-improper threat duress
-undue influence
-unconscionability

Answer 471

A

The consideration or subject matter is illegal

Answer 472

A

void as against public policy affirmative defense

Answer 473

A

minor at the time
disaffirmed as a minor or within reasonable time of after reaching age of majority
did not first affirm upon reaching age of majority

Answer 474

A

infancy affirmative defense

Answer 475

A

mental capacity was so deficient as to be incapable of understanding the contract’s nature or significance
legal representative disaffirmed OR he disaffirmed when lucid
before legal representative affirmed OR he disaffirmed when lucid

Answer 476

A

mental incapacity affirmative defense

Answer 477

A

then under a guardianship
the guardian did not assent to the contract

Answer 478

A

guardianship affirmative defense to breach of contract

Answer 479

A

was so intoxicated as to be incapable of understanding the contract’s nature or significance
other party had reason to know of the intoxication
he disaffirmed when he sobered up
before he affirmed when he’d sobered up

Answer 480

A

intoxication affirmative defense

Answer 481

A

Physically forced to sign
Against her will

Answer 482

A

physical duress affirmative defense

Answer 483

A

party’s assent induced by an improper threat
by the other party
leaving no reasonable alternative
voided
prior to affirmance

Answer 484

A

improper threat duress affirmative defense

Answer 485

A

undue susceptibility
excessive pressure

Answer 486

A

Marriage
Year (more than necessary to perform)

Land
Executor of estate contracting to pay the estate’s debts out of his own pockets
Goods more than $500
Surety

Answer 487

A

produce a writing
that reasonably identifies the contract’s subject matter
indicates that a contract has been made between the parties
states with reasonable certainty the essential terms of the unperformed promises
signed by the party sought to be bound

Answer 488

A

statute of frauds

Answer 489

A

statute of frauds

Answer 490

A

statute of frauds

Answer 491

A

statute of frauds

Answer 492

A

-statute of frauds
-breach of warranty
-breach of implied warranty of merchantability
-breach of implied warranty of fitness for purpose

Answer 493

A

statute of frauds

Answer 494

A

Contract terms so unfair as to shock the conscience

Answer 495

A

breach of contract action
the contract was in writing
the parties intended that contract to embody the final expression of that bargain
other side has attempted to introduce written or oral statements made prior to that writing OR oral statements contemporaneous to that writing
for the purpose of arguing the terms of the writing are different from what they say

Answer 496

A

the contract made the defendant’s performance conditional upon something occurring
that something didn’t occur

Answer 497

A

excuse by non-occurrence of necessary condition affirmative defense

Answer 498

A

performance has become literally impossible

Answer 499

A

extreme or unreasonable difficulty or expense
that difficulty or expense concerns a basic assumption upon which the contract was made

Answer 500

A

supervening act
reasonably did not foresee
purpose destroyed
both parties had realized that purpose at the time of the contract’s formation

Answer 501

A

-impossibility
-impracticability
-frustration

Answer 502

A

Way One:
1. a new contract
2. between the same parties or their authorized agents
3. that is enforceable
4. to rescind the old contract
5. new contract in writing IF the old contract was subject to the statute of frauds

Way Two:
Breach of warranty of title

Way three:
anticipatory repudiation

Answer 503

A

rescission affirmative defense to breach of contract

Answer 504

A

there was a warranty of title
it was

Answer 505

A

potential breach of warranty action

Answer 506

A

sale of goods
by merchant who deals in those kinds of goods
goods not merchantable

Answer 507

A

pass without objection
fair average quality
fit for ordinary purposes
within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved
adequately contained, packaged, labeled
conform to any promises or affirmations of fact made on the label

Answer 508

A

sale of goods
seller is a merchant of those goods
seller knows or has reason to know of particular purpose
seller knows or has reason to know of buyer’s reliance
buyer in fact relies
goods are not fit for that purpose

Answer 509

A

sale of goods
affirmation of fact or promise about those goods (not mere puffery)
part of the basis of the bargain
came at a time such that buyer could have relied
goods didn’t conform to that affirmation of fact or promise

Answer 510

A

non-mirror image acceptance is still acceptance

does the contract involve a non-merchant? the offer is the contract.

is the contract between two merchants dealing in the goods they’re merchants in? An additional term in the acceptance becomes part of the contract if:

doesn’t materially alter
offeror doesn’t object within a reasonable time

Answer 511

A

An estate of full ownership.

Answer 512

A

As much ownership to A as O has.

Answer 513

A

As much ownership to A as O has.

Answer 514

A

An estate that automatically terminates on the happening of a stated event and then goes back to the grantor.

Answer 515

A

As much ownership to A as O has, until and unless X. And a possibility of reverter to O.

Answer 516

A

An estate that continues until the grantor exercises their right of termination.

Answer 517

A

As much ownership to A as O has, until and unless X. And a right of entry to O.

Answer 518

A

A fee simple determinable or a fee simple subject to condition subsequent, where the possibility of reverter or right of entry, respectively, goes to a third party.

Answer 519

A

A possibility of reverter or a right of entry not held by the original grantor
that does not follow a life estate

Answer 520

A

An ownership interest for life.

Answer 521

A

As much ownership to A as O has. When A dies, that estate goes back to O.

Answer 522

A

As much ownership to A as O has. When A dies, that estate goes to B. B has a remainder.

Answer 523

A

As much ownership to A as O has. When B dies, that estate goes back to O.

Answer 524

A

As much ownership to A as O has. When B dies, that estate goes to C. C has a vested remainder.

Answer 525

A

A future interest
that becomes a present interest upon the natural termination
of a life estate
and is created in the same instrument as the one that created the life estate

Answer 526

A

As much ownership to A as O has. When B dies, that estate goes to C if X or back to O if not X. C has a contingent remainder.

Answer 527

A

A future interest
that becomes a present interest upon the natural termination
of a life estate
and upon the happening of another condition
and is created in the same instrument as the one that created the life estate

Answer 528

A

Co-ownership
With a right of survivorship

Answer 529

A

As much ownership to A and B, as joint tenants, as O has.

Answer 530

A

Essentially joint tenancy but between spouses.

Answer 531

A

A tenancy by the entirety.

Answer 532

A

A concurrent estate
with no right of survivorship

Answer 533

A

A lease
terminable at the will of either the landlord or the tenant

Answer 534

A

A tenancy at will.

Answer 535

A

A complete transfer of the entire remaining lease term.

Answer 536

A

A partial transfer of the entire remaining lease term.

Answer 537

A

That which is affixed to the real property.

Answer 538

A

An owner explicitly grants another a
right to enter upon the servient tenement
and make affirmative use of it

Answer 539

A

An owner explicitly grants another an estate
But reserves for their self
the right to enter upon the estate
and make affirmative use of it

Answer 540

A

An owner divides their estate
and grants one part to another
At the time of division
A use exists on the servient part
that is reasonably necessary for the enjoyment of the dominant part
the parties intended the use to continue after the estate division

Answer 541

A

a right to enter upon the servient tenement
and make affirmative use of it

Answer 542

A

lots are sold in a subdivision
with reference to a recorded plat or map
that also shows streets leading to the lots

Answer 543

A

Streets that buyers of lots created by a subdivision have the right to use.

Answer 544

A

a right to remove a valuable product of the soil.

Answer 545

A

A right to cross real property as is reasonable to exercise a profit a prendre.

Answer 546

A

A profit a prendre’s creation.

Answer 547

A

A right to cross another’s real property to access a public road or utility line.

Answer 548

A

an owner of a tract of land
sells a part of the tract
and by this division
deprives one lot of access to a public road or utility line

Answer 549

A

open and notorious
adverse
continuous and uninterrupted for the statutory period

Answer 550

A

The same ways as affirmative easements, theoretically.

Answer 551

A

actual entry
exclusive possession
open and notorious
adverse
continuous for the statutory period

Answer 552

A

Once a real property estate sale contract is signed, equity immediately regards the buyer as the real property owner, and the seller has an interest in the proceeds of the sale, which is considered personal property.

Answer 553

A

-a mortgagee extending a loan without having determined the mortgagor’s ability to repay
-incomprehensible, unfair, deceptive, or abusive loan terms
-steering a mortgagor towards a loan not in their interest in order to increase the lender’s compensation.

Answer 554

A

-after a mortgagor has defaulted on a mortgage, the mortgagee must in good faith, consider a mortgagor’s request for a mortgage modification or other alternative to foreclosure
-the mortgagee cannot file an action to foreclose in court while such a request is pending, and if the request is made after teh action is filed, the mortgagee cannot proceed to foreclosure sale until the request is resolved.

Answer 555

A

the right to have landed supported in its natural state
by adjacent land

Answer 556

A

The right to have the surface of the land kept intact even if one conveys the right to mineral extraction to another. (NOTE: of course, contracts can write over this common law presumption.)

Answer 557

A

The first person to take water from a source for beneficial use has the right to continue to use that quantity of water for that use.

Answer 558

A

Reasonable use.

Answer 559

A

Non-exclusive, but to be free from excessive noise and transit by aircraft.

Answer 560

A

Title to the land and buildings is held by a corporation that leases the individual apartments to its shareholders.

Answer 561

A

A building or buildings where each owner owns the interior of their unit and an undivided interest in the exterior and common areas.

Answer 562

A

to be valid, an interest in property must vest or fail not later than 21 years after a life in being, connected with the vesting of an interest, at the time of the creation of the interest.

Answer 563

A

-a charitable gift following a charitable gift
-reversionary interests

Answer 564

A

Any restraint on alienation of a title interest in real property (as opposed to some non-title interest, such as a right to enter and extract minerals), is void.

Answer 565

A

Plaintiff is a landlord
Defendant is a tenant
the tenant negligently
damages the property
NOTE: of course a contract can write over this.

Answer 566

A

Plaintiff is a landlord
Defendant is a tenant
the tenant failed to make an ordinary repair
necessary to keep the property in the same condition as at the commencement of the lease term
NOTE: of course a contract can write over this.

Answer 567

A

Plaintiff is a landlord
Defendant is a tenant
the tenant made a substantial alteration
to a structure leased from said landlord
NOTE: of course a contract can write over this.

Answer 568

A

increases the value
is performed by a long-term tenant
reflects a change

Answer 569

A

discrimination
based on race, color, religion, national origin, sex, or disability
in the sale or rental of a dwelling

Answer 570

A

landlord
failed to permit a disabled tenant to make a modification to existing premises
to accommodate their disability
that modification was reasonable

Answer 571

A

landlord
failed to make an accommodation
in rules, policies, or services
the accommodation was necessary to afford a disabled person an equal opportunity to use the building the landlord is a landlord of
the accommodation was reasonable

Answer 572

A

an explicitly granted right
to enforce against another
a prohibition on engaging in a certain activity with respect to their real property right

Answer 573

A

Way One:
1. A valid contract
2. Explicitly granting it

Way Two:
1. A valid land grant to another
2. explicitly reserving it for the grantor

Answer 574

A

WAY ONE:
1. conduct or assertion by the easement owner
2. reasonable reliance
3. change of position

WAY TWO:
condemnation of the servient estate

WAY THREE:
destruction of the servient estate

Answer 575

A

WAY ONE:
1. servient tenement’s owner interferes with the easement
2. open
3. notorious
4. continuous
5. non-permissible
6. for the statutory period

WAY TWO:
condemnation of the servient estate

WAY THREE:
destruction of the servient estate

Answer 576

A

open and notorious
adverse
continuous and uninterrupted for the statutory period

Answer 577

A

-The necessity ending.
-condemnation of the servient estate
-destruction of the servient estate

Answer 578

A

not a legal interest in land, merely a privilege
personal to the licensee and therefore not alienable
revokeable at any time by manifestation of the licensor’s intent

Answer 579

A

-licensee has invested substantial amounts of money or labor in reliance, this turns the license into an affirmative easement
-the license was coupled with an interest, in which case it cannot be revoked until the interest ends

Answer 580

A

a written promise
to do or not do something on land

NOTE that you don’t need consideration

Answer 581

A

A non-title right in real property
upon which a court will enforce and grant ONLY injunctive relief
against non-bona fide purchaser successors

Answer 582

A

WAY ONE: the same way a real covenant is

WAY TWO:
1. a common scheme for the development of a residential subdivision
2. notice of the covenants

Answer 583

A

A single wall that stands on and divides the property of two adjacent landowners
that both landowners co-own

Answer 584

A

-valid contract
-implication
-prescription

Answer 585

A

the owners agree to be mutually responsible for maintaining it

Answer 586

A

A single driveway that stands on the property of two adjacent landowners
that both landowners co-own

Answer 587

A

-valid contract
-implication
-prescription

Answer 588

A

the owners agree to be mutually responsible for maintaining it

Answer 589

A

enacted to reasonably control the use of land
for the protection of the health, safety, morals, and welfare of its citizens

Answer 590

A

enacted pursuant to a state enabling act
reasonably control the use of land
for the protection of the health, safety, morals, and welfare of its citizens

Answer 591

A

WAY ONE:
1. the state in question has a notice statute
2. the prior grantee did not properly record

WAY TWO:
1. the state in question has a race-notice statute
2. the defendant properly recorded before the prior grantee properly recorded (if ever)

Answer 592

A

a notice statute

Answer 593

A

a race-notice statute

Answer 594

A

WAY ONE: death of either spouse
WAY TWO: divorce
WAY THREE: mutual agreement
WAY FOUR: execution by a joint creditor of both spouses

Answer 595

A

the cost of the sale, attorneys’ fees, and court costs get paid out of the sale proceeds
the principal and interest of the foreclosed loan gets paid off from the sale proceeds (if that doesn’t cover the outstanding debt, the foreclosing party can sue the borrower personally for the rest)
junior vendor purchase money mortgages get paid off, to the extent possible, in their recording order, and then in their execution order, and then the borrower is personally liable on the rest
junior third-party purchase money vendor mortgages get paid off, to the extent possible, in their recording order, and then in their execution order, and then the borrower is personally liable on the rest
junior non-purchase money mortgages get paid off, to the extent possible, in their recording order, and in then in their execution order, and then the borrower is personally liable on the rest
senior secured interests are not affected, the buyer at the foreclosure auction takes subject to them. She is not personally liable, but she can and may have to to prevent another foreclosure auction

Answer 596

A

-for privileges, witness competency, and the effect of presumptions: STATE
-for all else: FEDERAL

Answer 597

A

FEDERAL: never

CALIFORNIA:
1. civil case
2. expression of sympathy
3. relating to the pain, suffering, or death of an acident victim

Answer 598

A

expression of sympathy objection

Answer 599

A

FEDERAL: never

CALIFORNIA:
1. civil case
2. for personal injury or death
3. evidence is of a person’s immigration status

Answer 600

A

evidence of immigration status objection

Answer 601

A

FEDERAL: never

CALIFORNIA:
1. civil case
2. hospital staff
3. records of a hospital morbidity or mortality study

Answer 602

A

records of morbidity or mortality study objection

Answer 603

A

FEDERAL: never
CALIFORNIA: in civil cases

Answer 604

A

FEDERAL: never
CALIFORNIA:
1. criminal prosecution objection
2. defendant was a victim of or witness to any serious felony, assault, domestic violence, extortion, human trafficking, sexual battery, or stalking
3. the prosecution attempts to introduce evidence that the defendant engaged in an act of prostitution at or around the same time

Answer 605

A

act of prostitution objection

Answer 606

A

FEDERAL: civil cases
CALIFORNIA: all cases

Answer 607

A

FEDERAL:
1. sign, tag, or label
2. purporting to have been affixed in the course of business
3. indicating ownership, control, or origin

CALIFORNIA: never

Answer 608

A

trade inscription self-authentication

Answer 609

A

FEDERAL: no such thing

CALIFORNIA CIVIL: the witness couldn’t recall the thing prior to hypnosis

CALIFORNIA CRIMINAL:
-the witness couldn’t recall the thing prior to hypnosis,
-the substance of the pre-hypnotic memory was not preserved in writing prior to the hypnosis,
-the hypnosis wasn’t recorded on video, OR
-the hypnosis was done in the presence of law enforcement, prosecution, or defense.

Answer 610

A

FEDERAL: the witness refreshed recollection before trial

CALIFORNIA: always

Answer 611

A

motion to compel production of that document

Answer 612

A

FRE: judge’s discretion

Cal: testimony based thereon must be stricken

Answer 613

A

documents
prepared by an attorney
for his own use
for prosecuting his client’s case
not a case of necessity

Answer 614

A

attorney work product objection

Answer 615

A

FEDERAL : never
CALIFORNIA: always

Answer 616

A

voter’s secret ballot objection

Answer 617

A

FEDERAL: never
CALIFORNIA: always

Answer 618

A

personal records of police officer or prison guard objection

Answer 619

A

upon request a judge must (may in CALIFORNIA) exclude witnesses except
-party
-presence is essential to a party’s presentation of a claim or defense
-statutorily authorized

Answer 620

A

CALIFORNIA criminal case
statement made by a kidnapped or murdered declarant
now unavailable
because of acts of the defendant
for the purpose of preventing the defendant’s arrest or prosecution

Answer 621

A

statement of kidnapped or murdered declarant hearsay exception.

Answer 622

A

California state court
declarant is unavailable
statement of past physical or mental condition, including intent
that condition is an issue in the case

Answer 623

A

past physical condition or state of mind hearsay exception

Answer 624

A

Cal only:
1. unavailability
2. statement describes, narrates, or explains the infliction or threat of physical injury on the declarant
3. was made at or near the time of the infliction of the treat or injury
4. was made under circumstances that indicate trustworthiness
5. is either in writing, recorded, or made to a law enforcement official or medical personnel.

Answer 625

A

statement describing infliction or threat of physical injury hearsay exception

Answer 626

A

writing or record
made as a memorandum of any act, event, condition, opinion, or diagnosis
made in the regular course of any business
it was the regular course of that business to make such writings or records at the time of the act, event, condition, opinion, or diagnosis or within a reasonable time thereafter

Answer 627

A

California criminal case
declarant was 12 or under at the time of the statement
declarant is still a minor at the time of trial
statement described an act of child abuse or neglect
sufficient indicia of reliability
declarant testifies at trial OR declarant is unavailable and further corroboration evidence exists

Answer 628

A

Intent (of the original parties)
Notice (to subsequent owners)
Touch and concern (almost always, just means affects the land, hard to find a way for this element to not be met.)

Answer 629

A

The equitable servitude elements +
4. horizontal privity (the original agreement was part of a grantor-grantee relationship)
5. Vertical privity (the successors in title interest must get the same amount of estate, not smaller)

Answer 630

A

You can only get an injunction to enforce an equitable servitude. But, you can get both an injunction and/or money damages for a real covenant. to get the injunction for the latter, you just have to seek to enforce it as an equitable servitude.

Answer 631

A

The action might have been brought in the other forum,
(a) the transferring judge had venue but the alternative district would be more convenient, (b) the transferring judge doesn’t have venue, or (c) the parties had a valid forum selection clause to the receiving district and the public interest doesn’t dictate not transferring.

Answer 632

A

The judge has venue
The action might have been brought in another forum
That forum is in another judicial system
That forum is more convenient

Answer 633

A

-An order on an injunction (NOT a TRO)
-An order on a receiver
-An order on property possession
-1292(b)
-collateral order doctrine
-writ of mandamus
-order on class cert + within 14 days of order + appellate court exercises discretion

Answer 634

A

trial judge certifies the interlocutory order contains a controlling question of law as to which there is substantial ground for difference of opinion, and immediate appeal may materially advance the ultimate termination of the litigation
within ten days of the trial judge issuing that certificate, the party seeking the appeal takes that certificate and asks the court of appeals to hear the case wit
the court of appeals agrees

Answer 635

A

separable
collateral
too important

Answer 636

A

Has trial started yet?

Answer 637

A

-The party hasn’t yet amended that pleading before and 21 days have NOT passed since they served it
-The party hasn’t yet amended that pleading, a responsive pleading is required, and 21 days after the service of that response or a motion to dismiss or strike have not passed
-the opposing party gives written consent
-justice so requires

Answer 638

A

-(1) allowing amendment would aid in presenting the merits (2) the non-amending party would not be prejudiced in their action or defense on the merits
-an issue not raised by the pleadings was tried by express or implied consent of the parties

Answer 639

A

Caveat Emptor

Answer 640

A

Latent defects

Answer 641

A

A dangerous condition that could not be discovered upon reasonable inspection

Answer 642

A

(i) the witness at one time had personal knowledge of the facts stated in the writing;
(ii) the writing was made or adopted by the witness;
(iii) the writing was made while the matter was fresh in the witness’s mind;
(iv) the writing is accurate;
(v) the witness has insufficient recollection to testify fully and accurately; and
(vi) offered by a party NOT during their case in chief (for the writing to be admitted as an exhibit, if you just want the notes read into evidence, this element’s unnecessary.)

Answer 643

A

Statement of a party opponent

Answer 644

A

A motion to dismiss because of defects in the documents and their content.

Answer 645

A

All crimes are general intent except:

-inchoate crimes (including assault)
-theft crimes
-premeditated murder

Answer 646

A

-M’Naghten
-Irresistible Impulse
-Durham
-MPC

Answer 647

A

mind disease
caused a reasoning defect
lacked the ability at the time to (a) know the action’s wrongfulness or (b) understand his actions’ nature and quality

Answer 648

A

-Unable to control his actions
-Unable to conform his conduct to the law

Answer 649

A

product of mental disease or defect

Answer 650

A

mental disease or defect
cause a lack of substantial capacity to
(a) appreciate the criminality or (b) conform his conduct to the law’s requirements

Answer 651

A

-single plaintiff may aggregate all their own claims
-multiple plaintiffs may aggregate their claims only where they seek to enforce a common or undivided interest

Brainscape's Knowledge GenomeTM

Cal Bar Issue Spotting Version Main Deck Flashcards

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